P.Kumaravel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.20503 of 2023 and Crl.M.P.(MD) No.16034 of 2023 P.Kumaravel ... Petitioner Vs.

The Inspector of Police, Lalgudi Police Station, Trichy District.

Cr.No.114/2023 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned order passed in Crl.R.C.No.51/2023 dt 2.9.2023 on the file of the III Additional District and Sessions Judge Tiruchirapalli District and against the cancellation of the bail order in Crl.MP.No.1091 of 2023 dated 12.04.2023 on the filed of the learned Principal District Munsif Lalgudi, Judicial Magistrate, FAC Lalgudi and set aside the same. For Petitioner : Mr.A.Azhageson For Respondent : Mr.A.Albert James Government Advocate (Crl.Side) 1/5

O R D E R

This petition has been filed challenging the order passed by the Court below in Crl.R.C.No.51 of 2023 dated 02.09.2023 refusing to entertain the criminal revision petition filed by the petitioner against the order passed by the learned Judicial Magistrate, Lalgudi, in Crl.M.P.No. 1091 of 2023 dated 12.04.2023, cancelling the bail granted in favour of the petitioner.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondent. 3.In the considered view of this Court, the present petition is a clear abuse of process of law. The order cancelling the bail was passed by the learned Judicial Magistrate, Lalgudi, in Crl.M.P.No.1091 of 2023 dated 12.04.2023 after finding that there are supervening circumstances to cancel the bail. Aggrieved by the same, the petitioner approached this Court and filed Crl.R.C. (MD) No.502 of 2023. When the matter came up for hearing on 22.06.2023, it was mentioned before the Court that the 2/5

revision is not maintainable and therefore, liberty must be granted to the petitioner to approach the concerned Court to work out the remedy. Accordingly, the criminal revision was dismissed. The petitioner once again filed the criminal revision petition before the Court below and the Court below has rightly dismissed the criminal revision petition on the ground that it is not maintainable and that apart, the second criminal revision petition cannot be maintained after the earlier criminal revision was dismissed by this Court.

4.The learned Government Advocate, on instructions, submitted that till date the petitioner has not been arrested even though his bail was cancelled as early as on 12.04.2023. 5.This Court does not find any merits in this case and the order passed by the Court below does not suffer from any illegality warranting the interference of this Court and hence, this Criminal Original Petition is dismissed. There shall be a direction to the respondent police to immediately secure the petitioner and produce him before the concerned Court to be taken on judicial custody since the bail 3/5

granted in favour of the petitioner has already been cancelled and the same is in force till date. Consequently, connected miscellaneous petition is closed.

28.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN To 1.The Inspector of Police, Lalgudi Police Station, Trichy District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N.ANAND VENKATESH,J.

PKN Dated: 28.11.2024 5/5